Legal Opinion

Glauber v. Ekstein

Appellate Division of the Supreme Court of the State of New York

Decided November 18, 2015No. 2015-00102PublishedCited by 6 opinions

1Opinion of the Court

In an action, inter alia, for injunctive relief, the plaintiffs appeal from an order of the Supreme Court, Kings County (Solomon, J.), dated September 15, 2014, which denied their motion to vacate a prior order of the same court dated May 23, 2013, granting the defendant’s unopposed motion pursuant to CPLR 3211 (a) to dismiss the complaint with prejudice.

Ordered that the order is affirmed, with costs.

A party seeking to vacate an order entered upon his or her failure to oppose a motion must demonstrate both a reasonable excuse for the default and a potentially meritorious opposition to the…

2Cases cited5 opinions

  1. Gambardella v. Ortov Lighting, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
  2. Dokaj v. Ruxton Tower Ltd. PartnershipAppellate Division of the Supreme Court of the State of New York · 2012
  3. Donovan v. ChiapettaAppellate Division of the Supreme Court of the State of New York · 2010
  4. Karamuco v. CohenAppellate Division of the Supreme Court of the State of New York · 2011
  5. Zarzuela v. CastanosAppellate Division of the Supreme Court of the State of New York · 2010

3Cited by6 opinions

  1. NYCTL 1998-2 Trust v. McGillAppellate Division of the Supreme Court of the State of New York · 2016
  2. Stewart v. BergerAppellate Division of the Supreme Court of the State of New York · 2016
  3. KI 12, LLC v. JosephAppellate Division of the Supreme Court of the State of New York · 2016
  4. Serbian Spruce Assoc., Ltd. v. U.W. Marx, Inc.Appellate Division of the Supreme Court of the State of New York · 2022
  5. NYCTL 1998-2 Trust v. McGillAppellate Division of the Supreme Court of the State of New York · 2016

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